REPUBLIC ACT NO.
8369 related disciplines to judges and personnel of such
AN ACT ESTABLISHING FAMILY COURTS, GRANTING THEM
EXCLUSIVE ORIGINAL JURISDICTION OVER CHILD AND
FAMILY CASES, AMENDING BATAS PAMBANSA BILANG
129,AS AMENDED, OTHERWISE KNOWN AS ACT OF 1980,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES.
Be it enacted by the Senate and House of Representatives
of the Philippines in Congress assembled:
Section 1. Title. - This Act shall be known as the "Family
Courts Act of 1997".
Sec. 2. Statement of National Policies. - The State shall
protect the rights and promote the welfare of children in
keeping with the mandate of the Constitution and the
precepts of the United Nations Convention on the rights of
the Child. The State shall provide a system of adjudication
for youthful offenders which takes into account their
peculiar circumstances.
The State recognizes the sanctity of family life and shall
protect and strengthen the family as a basic autonomous
social institution. The courts shall preserve the solidarity of
the family, provide procedures for the reconciliation of
spouses and the amicable settlement of family
controversy.
Sec. 3. Establishment of Family Courts. - There shall be
established a Family Court in every province and city in the
country. In case where the city is the capital of the
province, the Family Court shall be established in the
municipality which has the highest population.
Sec. 4. Qualification and Training of Family Court Judges. -
Sec. 15 of Batas Pambansa Blg. 129, as amended, is hereby
further amended to read as follows:
"Sec. 15. (a) Qualification. - No person shall be
appointed Regional Trial Judge or Presiding Judge
of the Family Court unless he is a natural-born
citizen of the Philippines, at least thirty-five (35)
years of age, and, for at least ten (10) years, has
been engaged in the practice of law in the
Philippines or has held a public office in the
Philippines requiring admission to the practice of
law as indispensable requisite.
"(b) Training of Family Court Judges. - The Presiding Judge,
as well as the court personnel of the Family Courts, shall
undergo training and must have the experience and
demonstrated ability in dealing with child and family
cases.
"The Supreme Court shall provide a continuing education
program on child and family laws, procedure and other
courts."
Sec. 5. Jurisdiction offamily Courts. - The Family Courts
shall have exclusive original jurisdiction to hear and decide
the following cases:
a) Criminal cases where one or more of the accused is
below eighteen (18) years of age but not less than nine (9)
years of age but not less than nine (9) years of age or
where one or more of the victims is a minor at the time of
the commission of the offense: Provided, That if the minor
is found guilty, the court shall promulgate sentence and
ascertain any civil liability which the accused may have
incurred.
The sentence, however, shall be suspended
without need of application pursuant to
Ptesidential Decree No. 603, otherwise known as
the "Child and Youth Welfare Code";
b) Petitions for guardianship, custody of children, habeas
corpus in relation to the latter;
c) Petitions for adoption of children and the revocation
thereof;
d) Complaints for annulment of marriage, declaration of
nullity of marriage and those relating to marital status and
property relations of husband and wife or those living
together under different status and agreements, and
petitions for dissolution of conjugal partnership of gains;
e) Petitions for support and/or acknowledgment;
f) Summary judicial proceedings brought under the
provisions of Executive Order No. 209, otherwise known as
the "Family Code of the Philippines";
g) Petitions for declaration of status of children as
abandoned, dependent o neglected children, petitions for
voluntary or involuntary commitment of children; the
suspension, termination, or restoration of parental
authority and other cases cognizable under Presidential
Decree No. 603, Executive Order No. 56, (Series of 1986),
and other related laws;
h) Petitions for the constitution of the family home;
i) Cases against minors cognizable under the Dangerous
Drugs Act, as amended;
j) Violations of Republic Act No. 7610, otherwise known as
the "Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act," as amended by
Republic Act No. 7658; and
k) Cases of domestic violence against:
1) Women - which are acts of gender based violence that
results, or are likely to result in physical, sexual or
psychological harm or suffering to women; and other
forms of physical abuse such as battering or threats and
coercion which violate a woman's personhood, integrity
and freedom movement; and
2) Children - which include the commission of all forms of
abuse, neglect, cruelty, exploitation, violence, and
discrimination and all other conditions prejudicial to their
development.
If an act constitutes a criminal offense, the accused or
batterer shall be subject to criminal proceedings and the
corresponding penalties.
If any question involving any of the above matters should
arise as an incident in any case pending in the regular
courts, said incident shall be determined in that court.
Sec. 6. Use of Income. - All Family Courts shall be allowed
the use of ten per cent (10%) of their income derived from
filing and other court fees under Rule 141 of the Rules of
Court for research and other operating expenses including
capital outlay: Provided, That this benefit shall likewise be
enjoyed by all courts of justice.
The Supreme Court shall promulgate the necessary
guidelines to effectively implement the provisions of this
Sec.
Sec. 7. Special Provisional Remedies. - In cases of violence
among immediate family members living in the same
domicile or household, the Family Court may issue a
restraining order against the accused of defendant upon
verified application by the complainant or the victim for
relief from abuse.
The court may order the temporary custody of children in
all civil actions for their custody. The court may also order
support pendente lite, including deduction from the salary
and use of conjugal home and other properties in all civil
actions for support.
Sec. 8. Supervision of Youth Detention Homes. - The judge
of the Family Court shall have direct control and
supervision of the youth detention home which the local
government unit shall establish to separate the youth
offenders from adult criminals: Provided, however, That
alternatives to detention and institutional care shall be
made available to the accused including counseling,
recognizance, bail, community continuum, or diversions
from the justice system: Provided, further, That the human
rights of the accused are fully respected in a manner
appropriate to their well-being.
Sec. 9. Social Services and Counseling Division. - Under the
guidance ofthe Department of Social Welfare and
Development (DSWD), a Social Services and Counseling
Division (SSCD) shall be established in each judicial region
as the Supreme Court shall deem necessary based on the
number of juvenile and family cases existing in such
jurisdiction. It shall provide appropriate social services to
all juvenile and family cases filed with the court and
recommend the proper social action. It shall also develop
programs, formulate uniform policies and procedures, and
provide technical supervision and monitoring of all SSCD
in coordination with the judge.
Sec. 10. Social Services and Counseling Division Staff. - The
SSCD shall have a staff composed of qualified social
workers and other personnel with academic preparation in
behavioral sciences to carry out the duties'of conducting
intake assessment, social case studies, casework and
counseling, and othersocial services that may be needed in
connection with cases filed with the court: Provided,
however, That in adoption cases and in petitions for
declaration of abandonment, the case studies may be
prepared by social workers of duly licensed child caring or
child placement agencies, or the DSWD. When warranted,
the division shall recommend that the court avail itself of
consultative services of psychiatrists, psychologists, and
other qualified specialists presently employed in other
departments of the government in connection with its
cases.
The position of Social Work Adviser shall be created under
the Office of the Court Administrator, who shall monitor
and supervise the SSCD ofthe Regional Trial Court.
Sec. 11. Alternative Social Services. - In accordance with
Sec. 17 of this Act, in areas where no Family Court has
been established or no Regional Trial Court was
designated by the Supreme Court due to the limited
number of cases, the DSWD shall designate and assign
qualified, trained, and DSWD accredited social workers of
the local government units to handle juvenile and family
cases filed in the designated Regional Trial Court of the
place.
Sec. 12. Privacy and Confidentiality of Proceedings. - All
hearings and conciliation of the child and family cases shall
be treated in a manner consistent with the promotion of
the child's and the family's dignity and worth, and shall
respect their privacy at all stages of the proceedings.
Records of the cases shall be dealt with utmost
confidentiality and the identity of parties shall not be
divulged unless necessary and with authority of the
judge.
Sec. 13. Special Rules of Procedure. - The Supreme Court
shall promulgate special rules of procedure for the transfer
of cases to the new courts during the transition period and
for the disposition of family cases with the best interests
of the child and the protection of the family as primary
consideration taking into account the United Nations
Convention on the Rights of the Child.
Sec. 14. Appeals. - Decisions and orders of the court shall
be appealed in the same manner and subject to the same
conditions as appeals from the ordinary Regional Trial
Courts.
Sec. 15. Appropriations. - The amount necessary to carry
out the provisions of this Act shall be included in the
General Appropriations Act of the year following in its
enactment into law and thereafter.

Sec. 16. Implementing Rules and Regulations. - The

Supreme Court, in coordination with the DSWD, shall
formulate the necessary rules and regulations for the
effective implementation of the social aspects of this Act.

Sec. 17. Transitory Provisions. - Pending the establishment

of such Family Courts, the Supreme Court shall designate
from among the branches ofthe Regional Trial Court at
least one Family Court in each of the cities of Manila,
Quezon, Pasay, Caloocan, Makati, Pasig, Mandaluyong,
Muntinlupa, Laoag, Baguio, Santiago, Dagupan, Olongapo,
Cabanatuan, San Jose, Angeles, Cavite, Batangas, Lucena,
Naga, Iriga, Legazpi, Roxas, Iloilo, Bacolod, Dumaguete,
Tacloban, Cebu, Mandaue, Tagbilaran, Surigao, Butuan,
Cagayan de Oro, Davao, General Santos, Oroquieta,
Ozamis, Dipolog, Zamboanga, Pagadian, Iligan, and in
such other places as the Supreme Court may deem
necessary.

Additional cases other than those provided in Sec. 5 may

be assigned to the Family Courts when their dockets
permit: Provided, That such additional cases shall not be
heard on the same day family cases are heard.

In areas where there are no Family Courts, the cases

referred to in Sec. 5 of this Act shall be adjudicated by the
Regional Trial Court.

Sec. 18. Separability Clause. - In case any provision of this

Act is declared unconstitutional, the other provisions shall
remain in effect.

Sec. 19. Repealing Clause. - All other laws, decrees,

executive orders, rules or regulations inconsistent
herewith are hereby repealed, amended or modified
accordingly.

Sec. 20. Effectivity. - This Act shall take effect fifteen (15)
days after its publication in at least two (2) national
newspapers of general circulation.

Approved October 28, 1997.